http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

PETITIONER: BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION

       Vs.

RESPONDENT: NARENDRA KUMAR MISHRA & ANR.

DATE OF JUDGMENT28/11/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. MAJMUDAR S.B. (J)

CITATION:  1996 SCC  (7) 183        JT 1995 (9)   293  1995 SCALE  (6)733

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      It is stated that the first respondent was posted as an Assistant Godown  Manager in  the Stores. Within a period of three months,  he committed defalcation of mis-appropriation of Rs.2,61,859.30.  The mis-appropriation of the said amount took  place  during  the  period  of  1976  and  earlier.  A departmental enquiry  commenced on  December  12,  1979  and initially the prosecution was laid in 1985 without obtaining the  sanction.   The  learned   Magistrate  discharged   the respondent on the ground that the sanction as required under Section 197  of the Code of Criminal Procedure, 1973 was not obtained. In  1991, the sanction was obtained and thereafter the prosecution  was laid.  The High Court unfortunately has interfered with the matter exercising its jurisdiction under Section 226 on the ground that there was a delay of 15 years in laying  the prosecution.  This was  most unfortunate that the High  Court would  have interfered  but having regard to the distance of time at this stage, it is not appropriate to interfere with  the matter  which is  at  a  stage  of  even starting of the trial.      Having considered  the totality of the fact of abnormal delay, it  is not  a fit  case for  our  interference  under Article 136  of the  Constitution.  We  are  constrained  to dismiss the appeal on this ground.